Session of 1999
SENATE BILL No. 183
By Committee on Judiciary
9 AN ACT concerning children; amending K.S.A. 1998 Supp. 38-1507 and
10 38-1507b and repealing the existing sections.
12 Be it enacted by the Legislature of the State of Kansas:
13 Section 1. K.S.A. 1998 Supp. 38-1507b is hereby amended to read
14 as follows: 38-1507b. Any person licensed or registered by the behavioral
15 sciences regulatory board sharing information under the provisions of this
16 code shall not be subject to review under any rules or regulations adopted
17 by the behavioral sciences regulatory board. Anyone who participates in
18 providing or receiving information without malice under the provisions
19 of this section shall have immunity from any civil liability that might
20 otherwise be incurred or imposed. Any such participant shall have the
21 same immunity with respect to participation in any judicial proceedings
22 resulting from providing or receiving information.
23 Sec. 2. K.S.A. 1998 Supp. 38-1507 is hereby amended to read as
24 follows: 38-1507. (a) Except as otherwise provided, in order to protect
25 the privacy of children who are the subject of a child in need of care
26 record or report, all records and reports concerning children in need of
27 care, including the juvenile intake and assessment report, received by the
28 department of social and rehabilitation services, a law enforcement
29 agency or any juvenile intake and assessment worker shall be kept con-
30 fidential except: (1) To those persons or entities with a need for infor-
31 mation that is directly related to achieving the purposes of this code, or
32 (2) upon an order of a court of competent jurisdiction pursuant to a
33 determination by the court that disclosure of the reports and records is
34 in the best interests of the child or are necessary for the proceedings
35 before the court, or both, and are otherwise admissible in evidence. Such
36 access shall be limited to in camera inspection unless the court otherwise
37 issues an order specifying the terms of disclosure.
38 (b) The provisions of subsection (a) shall not prevent disclosure of
39 information to an educational institution or to individual educators about
40 a pupil specified in subsection (a) (1) through (5) of K.S.A. 1998 Supp.
41 72-89b03 and amendments thereto.
42 (c) When a report is received by the department of social and reha-
43 bilitation services, a law enforcement agency or any juvenile intake and
44 assessment worker which indicates a child may be in need of care, the
45 following persons and entities shall have a free exchange of information
46 between and among them:
47 (1) The department of social and rehabilitation services;
48 (2) the commissioner of juvenile justice;
49 (3) the law enforcement agency receiving such report;
50 (4) members of a court appointed multidisciplinary team;
51 (5) an entity mandated by federal law or an agency of any state au-
52 thorized to receive and investigate reports of a child known or suspected
53 to be in need of care;
54 (6) a military enclave or Indian tribal organization authorized to re-
55 ceive and investigate reports of a child known or suspected to be in need
56 of care;
57 (7) a county or district attorney;
58 (8) a court services officer who has taken a child into custody pursuant
59 to K.S.A. 38-1527, and amendments thereto;
60 (9) a guardian ad litem appointed for a child alleged to be in need of
62 (10) an intake and assessment worker; and
63 (11) any community corrections program which has the child under
64 court ordered supervision.
65 (d) The following persons or entities are authorized to provide and
66 shall have access to information, records or reports created, received
the department of social and rehabilitation services, a law enforcement
agency or any juvenile intake and assessment worker. Access shall be
limited to information or maintained among them but only to the extent
70 reasonably necessary to carry out their lawful responsibilities to maintain
71 their personal safety and the personal safety of individuals in their care
72 or to diagnose, treat, care for or protect a child alleged to be in need of
74 (1) A child named in the report or records.
75 (2) A parent or other person responsible for the welfare of a child,
76 or such person's legal representative.
77 (3) A court-appointed special advocate for a child, a citizen review
78 board or other advocate which reports to the court.
79 (4) A person licensed to practice the healing arts or mental health
80 profession in order to diagnose, care for, treat or supervise: (A) A child
81 whom such service provider reasonably suspects may be in need of care;
82 (B) a member of the child's family; or (C) a person who allegedly abused
83 or neglected the child.
84 (5) A person or entity licensed or registered by the secretary of health
85 and environment or approved by the secretary of social and rehabilitation
86 services to care for, treat or supervise a child in need of care. In order to
87 assist a child placed for care by the secretary of social and rehabilitation
88 services in a foster home or child care facility, the secretary shall provide
89 relevant information to the foster parents or child care facility prior to
90 placement and as such information becomes available to the secretary.
91 (6) A coroner or medical examiner when such person is determining
92 the cause of death of a child.
93 (7) The state child death review board established under K.S.A. 22a-
94 243, and amendments thereto.
95 (8) A prospective adoptive parent prior to placing a child in their care.
96 (9) The department of health and environment or person authorized
97 by the department of health and environment pursuant to K.S.A. 59-512,
98 and amendments thereto, for the purpose of carrying out responsibilities
99 relating to licensure or registration of child care providers as required by
100 chapter 65 of article 5 of the Kansas Statutes Annotated, and amendments
102 (10) The state protection and advocacy agency as provided by sub-
103 section (a)(10) of K.S.A. 65-5603 or subsection (a)(2)(A) and (B) of K.S.A.
104 74-5515, and amendments thereto.
105 (11) Any educational institution to the extent necessary to enable the
106 educational institution to provide the safest possible environment for its
107 pupils and employees.
108 (12) Any educator to the extent necessary to enable the educator to
109 protect the personal safety of the educator and the educator's pupils.
110 (13) The secretary of social and rehabilitation services.
111 (14) A law enforcement agency.
112 (15) A juvenile intake and assessment worker.
113 (e) Information from a record or report of a child in need of care
114 shall be available to members of the standing house or senate committee
115 on judiciary, house committee on appropriations, senate committee on
116 ways and means, legislative post audit committee and joint committee on
117 children and families, carrying out such member's or committee's official
118 functions in accordance with K.S.A. 75-4319 and amendments thereto,
119 in a closed or executive meeting. Except in limited conditions established
120 by 23 of the members of such committee, records and reports received
121 by the committee shall not be further disclosed. Unauthorized disclosure
122 may subject such member to discipline or censure from the house of
123 representatives or senate.
124 (f) Nothing in this section shall be interpreted to prohibit the secre-
125 tary of social and rehabilitation services from summarizing the outcome
126 of department actions regarding a child alleged to be a child in need of
127 care to a person having made such report.
128 (g) Disclosure of information from reports or records of a child in
129 need of care to the public shall be limited to confirmation of factual details
130 with respect to how the case was handled that do not violate the privacy
131 of the child, if living, or the child's siblings, parents or guardians. Further,
132 confidential information may be released to the public only with the ex-
133 press written permission of the individuals involved or their representa-
134 tives or upon order of the court having jurisdiction upon a finding by the
135 court that public disclosure of information in the records or reports is
136 necessary for the resolution of an issue before the court.
137 (h) Nothing in this section shall be interpreted to prohibit a court of
138 competent jurisdiction from making an order disclosing the findings or
139 information pursuant to a report of alleged or suspected child abuse or
140 neglect which has resulted in a child fatality or near fatality if the court
141 determines such disclosure is necessary to a legitimate state purpose. In
142 making such order, the court shall give due consideration to the privacy
143 of the child, if, living, or the child's siblings, parents or guardians.
144 (i) Information authorized to be disclosed in subsections (d) through
145 (g) shall not contain information which identifies a reporter of a child in
146 need of care.
147 (j) Records or reports authorized to be disclosed in this section shall
148 not be further disclosed, except that the provisions of this subsection shall
149 not prevent disclosure of information to an educational institution or to
150 individual educators about a pupil specified in subsection (a)(1) through
151 (5) of K.S.A. 1998 Supp. 72-89b03 and amendments thereto.
152 (k) Anyone who participates in providing or receiving information
153 without malice under the provisions of this section shall have immunity
154 from any civil liability that might otherwise be incurred or imposed. Any
155 such participant shall have the same immunity with respect to participa-
156 tion in any judicial proceedings resulting from providing or receiving
158 (l) No individual, association, partnership, corporation or other entity
159 shall willfully or knowingly disclose, permit or encourage disclosure of
160 the contents of records or reports concerning a child in need of care
161 received by the department of social and rehabilitation services, a law
162 enforcement agency or a juvenile intake and assessment worker except
163 as provided by this code. Violation of this subsection is a class B
165 Sec. 3. K.S.A. 1998 Supp. 38-1507 and 38-1507b are hereby
167 Sec. 4. This act shall take effect and be in force from and after its
168 publication in the statute book.